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Allahabad High Court

KRISHNA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petitioners shall not be arrested until cognizance is taken on the police report by the concerned court.

Summary

The petitioners, Krishna and two others, filed a criminal miscellaneous writ petition seeking relief from potential arrest. The State, represented by the Additional Government Advocate, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted that while the charge sheet existed, the status of cognizance was uncertain and an interim order was already in force. Consequently, the Court directed that the petitioners could not be arrested until the concerned court takes cognizance of the police report. The writ petition was thereafter disposed of.

Issues considered

  • Whether the trial court has taken cognizance of the charge sheet filed by the investigating officer
  • Whether the petitioners can be arrested before cognizance is taken

Subjects

  • cognizance
  • arrest
  • charge sheet
  • criminal procedure
  • writ petition
  • interim order

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 6579 of 2025

                                    Krishna And 2 Others
                                                                                                           .....Petitioner(s)
                                                                               Versus

                                    State Of U.P. And 3 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)             : Sanjeev Kumar Pandey
                                    Counsel for Respondent(s)             : G.A., Mukul Kumar Mishra, Umakant
                                                                            Chaudhary

                                    Court No. - 44
                                                       HON'BLE SIDDHARTH, J.
                                                       HON'BLE VINAI KUMAR DWIVEDI, J.
                                    1. Case called out in revised list.


                                    2. Learned A.G.A. appearing for State-respondents informs that charge sheet has
                                    already been filed in this case by the investigating officer, but he is not certain
                                    whether cognizance has been taken by the court thereon or not.


                                    3. Since charge sheet has already been submitted, but the correct position regarding
                                    the cognizance thereon is not clear, keeping in view the fact there is interim order
                                    operating in this writ petition, the same is disposed of directing that till the cognizance
                                    is taken on the police report by the court concerned, the petitioner/petitioners shall not
                                    be arrested.


                                    4. The writ petition stands disposed of.



                                                                          (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    May 6, 2026
                                    Aditya




Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad


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